Country of origin marking of imported mugs, tins and giftbags

HQ 732689 December 7, 1989 MAR-2-05 CO:R:C:V 732689 KG CATEGORY: Marking Sallie McLarty Potpourri Press P.O. Box 19566 Greensboro, NC 27419-9566 RE: Country of origin marking of imported mugs, tins and gift bags Dear Ms. McLarty: This is in response to your letter of August 29, 1989, requesting a country of origin ruling regarding imported mugs, tins and gift bags. We regret the delay in responding to your inquiry. FACTS: You enclosed a sample mug and its box, a tin and a small gift bag. The mug is marked "Made in Korea" on its bottom in large prominent lettering. The box that the mug is sold in is also marked on the bottom in bold prominent lettering. The tin is marked "Made in Hong Kong" on its bottom in large prominent lettering. The small gift bag is marked "Made in Hong Kong" in bold prominent lettering on the bottom of the bag. You inquired whether you could replace the phrase "Made in" with the phrase "Crafted in". ISSUE: Whether the phrase "Crafted in" preceding the country of origin satisfies section 304 of the Tariff Act of 1930, as amended. LAW AND ANALYSIS: Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article. The Court of International Trade stated in Koru North America v. United States, 701 F.Supp. 229, 12 CIT ___(CIT 1988), that: "In ascertaining what constitutes the country of origin under the marking statute, a court must look at the sense in which the term is used in the statute, giving reference to the purpose of the particular legislation involved. The purpose of the marking statute is outlined in United States v. Friedlaender & Co., 27 CCPA 297, 302 C.A.D. 104 (1940), where the court stated that: "Congress intended that the ultimate purchaser should be able to know by an inspection of the marking on the imported goods the country of which the goods is the product. The evident purpose is to mark the goods so that at the time of purchase the ultimate purchaser may, by knowing where the goods were produced, be able to buy or refuse to buy them, if such marking should influence his will." Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. Country of origin is defined in 19 CFR 134.1(b) as the country of manufacture, production, or growth of any article of foreign origin entering the U.S. The question presented in this case is whether the phrase "Crafted in" indicates that the article was made in the named country, as required by 19 U.S.C. 1304. The word "craft" is defined in the Random House College Dictionary as "to make or manufacture an object with skill and careful attention to detail." An ultimate purchaser would therefore understand that the phrase "Crafted in" refers to where an item was made. Further, in HQ 712210 (March 20, 1980), Customs ruled that the marking "Handcrafted in Mexico" was acceptable for the purposes of 19 U.S.C. 1304. There is no discernable difference in meaning between the word "Handcrafted" and the word "Crafted" that relates to the origin of a product. Therefore, the phrase "Crafted in" is acceptable for country of origin marking. HOLDING: The phrase "Crafted in" is acceptable for country of origin marking purposes. Sincerely, Marvin M. Amernick Chief, Value, Special Programs and Admissibility Branch